PREA AUDIT REPORT - PA.Gov

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PREA AUDIT REPORT Interim FinalADULT PRISONS & JAILSDate of report: May 16, 2016Auditor InformationAuditor name: Edwin VaughtAddress: P.O. Box 552 Richmond, TX 77406Email: Edwin.vaught@att.netTelephone number: 832-451-7144Date of facility visit: April 18-20Facility InformationFacility name: State Correctional Facility at ForestFacility physical address: 153 Woodland Dr. Marienville PA 16239Facility mailing address: (if different from above) PO Box 307 Marienville PA 16239Facility telephone number: 814-621-2110The facility is: Federal State County Military Municipal Private for profit Private not for profitFacility type: Prison JailName of facility’s Chief Executive Officer: Michael D. OvermyerNumber of staff assigned to the facility in the last 12 months: 675Designed facility capacity: 2203Current population of facility: 2300Facility security levels/inmate custody levels: Facility Level 4- Custody Levels 2, 3, 4, and 5Age range of the population: 18-75Name of PREA Compliance Manager: Erin IrelandTitle: Corrections Classification Program ManagerEmail address: eireland@pa.govTelephone number: 814-621-2110 X1215Agency InformationName of agency: Pennsylvania Department of CorrectionsGoverning authority or parent agency: (if applicable) Click here to enter text.Physical address: 1920 Technology Parkway, Mechanicsburg, PA17050Mailing address: (if different from above) Click here to enter text.Telephone number: 717-728-2573Agency Chief Executive OfficerName: John E. WetzelTitle: Secretary of CorrectionsEmail address:Telephone number:Agency-Wide PREA CoordinatorName: Carol Ann Mattis (in the absence of the PREA Coordinator)Title: Director of Standards, Audits, and AccreditationEmail address: cmattis@pa.govTelephone number: 717-728-4098PREA Audit Report1

AUDIT FINDINGSNARRATIVEA Prison Rape Elimination Act Audit of the State Correctional Institution at Forest was conducted from April18-21, 2016. The purpose of the audit was to determine compliance with the Prison Rape Elimination Actstandards which became effective August 20, 2012.An entrance meeting was held the morning of the onsite audit with the following persons: SuperintendentMichael Overmyer, Deputy Superintendent of Facility Management Derek Oberlander, DeputySuperintendent of Centralized Services John Sawtelle, Major of Unit Management Paul Ennis, Classificationand Program Manager/PREA Compliance Manager Erin Ireland, Director of Standards, Audits, Accreditation,Carol Ann Mattis.The auditor wishes to extend its appreciation to Superintendent Overmyer and his staff for theprofessionalism they demonstrated throughout the audit and their willingness to comply with all requestsand recommendations made by the auditor.The auditor would also like to recognize Director Carol Mattis and PREA Compliance Manager Erin Irelandfor their hard work and dedication to ensure the facility is compliant with all PREA standards. DirectorMattis is overseeing the agency’s PREA compliance, unti the agency’s recently vacated PREA Coordinatorposition is filled.The auditor provided the facility with a Notification of Audit on February 25, 2016. The notificationcontained information on the upcoming audit and stated that any inmate with pertinent information shouldsend this information to the auditor at least 10 days prior to the onsite audit date of April 18, 2016. Theauditor instructed the facility to post this notification in all housing units and throughout the facility. Theauditor was advised by the facility that the notification was posted six weeks prior to the onsite audit.Approximately six weeks prior to the onsite audit, the Agency provided the auditor with access to theirAgency data room used for audit purposes. This data room is called AARMS. The agency uploaded policies aswell as all other pertinent information into standard specific folders. During the next six to eight weeks, theauditor reviewed the questionnaire and all relevant documentation.After the entrance meeting, the auditor was given a tour of all areas of the facility, including; all generalpopulation housing units, Restrictive Housing Unit, Control Center, Processing Strip Search Area, ParoleOffice, Medical Services and Infirmary, Inmate Receiving, Officer Dining Room, Inmate Dining Room, CulinaryArea, Maintenance, Program Services, Library, Chapel, Activities Area, Barber Shop, Commissary, Warehouse,Mailroom, Auto Shop, Utility Plant, Administrative Building, Visitation, and Sally Port.A total of 28 staff were interviewed with at least one staff member interviewed from each interview category,with the exception of the interviews related to educational staff who supervise youthful inmates, line staffwho supervise youthful inmates, and non-medical staff involved in cross-gender searches (these interviewtypes were not applicable to this facility).Staff interviews were conducted with staff from all three shifts.A total of 19 inmates were interviewed with at least one inmate interviewed from each interview category,with the exception of the interviews related to youthful inmates and inmates placed in segregated housing forrisk of sexual victimization (these interview types were not applicable to this facility).PREA Audit Report2

Telephone interviews were conducted with the Agency Head, Agency Contract Administrator, and theSAFE/SANE staff.The count on the first day of the audit was 2,065. The count on the final day of the audit was 2,080.Throughout the pre-audit and onsite audit, open and positive communication was established between theauditor and facility staff. During this time, the auditor discussed his concerns with PREA ComplianceManager Erin Ireland. All concerns were addressed to the auditor’s satisfaction prior to the completion of theFinal Report.When the audit was completed, the auditor conducted an exit briefing on April 20, 2016. The auditor gave anoverview of the audit and thanked the staff for all their hard work and commitment to the Prison RapeElimination Act.PREA Audit Report3

DESCRIPTION OF FACILITY CHARACTERISTICSThe PA Department of Corrections’ search for a new correctional facility location caught the attention of Forest County Commissioners in1998. At that time, the area was in need of economic improvement due to the shut-down of a major employer. The Commissionersdecided a state-run correctional facility would be a boost to the area and began their quest to bring a DOC facility to Marienville. Sevenyears, and numerous community meetings later, SCI Forest became a reality overcoming obstacles including project delays and a change inthe facility design. SCI Forest is a “prototypical” design similar to other state facilities in Pennsylvania but with major security designupgrades including a “wagon wheel” design of the housing units. The first inmates arrived on October 28, 2004.The compout rests on 202 total acres with 56.9 acres enclosed. The compound is comprised of 28 buildings including 11 housing unites,three inmate dining halls, infirmary, education and religious complex, warehouse, utility plant and administration building. In additionthere are two large recreational yards and individual recreation areas for each housing unit.The facility is a level 4 facility with custody levels 2-5.Housing includes one Custody Level 2 unit which includes dormitory-style housing, eight general population housing units and twosegregation units. Housing unit J and K hold 96 administrative segregation inmates in each housing unit.Description of perimeter controls, fence design, mobile patrols, towers, sally ports/entrances, lighting, cameras, alarm systems, electronicsystems.1.2.3.4.5.6.Double 14’ high perimeter fence with 4’ control fenceFour detection systems in place: electronic perimeter detection systems consist of microwave, perimeter intrusion detectionsystem (PIDS) and camerasTwo outside patrol postsTwo towers operational 24 hours dailyVehicle Entrance 8-4, Mon-FriMast lightin, inside and outside perimeter, dusk to dawnThe facity is equipped with 384 cameras and staff personal alarm systems.PREA Audit Report4

SUMMARY OF AUDIT FINDINGSAfter reviewing all information provided during the pre-audit and onsite audit, staff and inmate interviews, as well as visual observationsmade by the auditor during the facility tour, the auditor has determined the following:Number of standards exceeded: 4Number of standards met: 37Number of standards not met: 0Number of standards not applicable: 2PREA Audit Report5

Standard 115.11 Zero tolerance of sexual abuse and sexual harassment; PREA Coordinator Exceeds Standard (substantially exceeds requirement of standard) Meets Standard (substantial compliance; complies in all material ways with the standard for therelevant review period) Does Not Meet Standard (requires corrective action)Auditor discussion, including the evidence relied upon in making the compliance or non-compliancedetermination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussionmust also include corrective action recommendations where the facility does not meet standard. Theserecommendations must be included in the Final Report, accompanied by information on specificcorrective actions taken by the facility.DC-ADM008 PREA Procedures Manual Section 2 states the Department will take appropriate actionsto ensure a zero tolerance toward all forms of sexual abuse and sexual harassment in order topromote the safety of inmates. The Department will implement federal Prison Rape Elimination Act(PREA) Standards to ensure that all aspects of operations work toward preventing, detecting andresponding to such conduct resulting in a safer environment.There is one statewide PREA Coordinator responsible for PREA compliance across the Department.The statewide PREA Coordinator’s sole responsibility is to develop, implement and overseeDepartment efforts to comply with the federal PREA Standards in all of the Department’s facilities.The statewide PREA Coordinator will have the authority to make necessary decisions to ensurecompliance and report directly to the Executive Deputy Secretary.The Corrections Classification and Program Manager (CCPM) has been designated as the PREACompliance Manager (PCM) at each facility and has been given sufficient time and authority tocoordinate that facility’s compliance with Department policy and federal PREA Standards. The PREACompliance Manager reports to the Deputy of Centralized Services.The agency PREA Coordinator position was recently vacated, and the agency is currently in theprocess of filling this position. In the meantime, the Director of Standards, Audits, and Accrediationhas assumed the responsibility of the PREA Coordinator. Interviews with the Director indicates she isallotted ample time to oversee the agency’s efforts to ensure PREA compliance in all of its facilities.There are 26 PREA Compliance Managers that report to the PREA Coordinator. The PREACoordinator and Director communicate with the PREA Compliance Managers on a regular basis viatelephone and email, and conducts regular site visits at the facilities. In addition, other agency staffwho are also Department of Justice Certified PREA Auditors assist with internal audits andinspections of all agency facilities.The interview with the PREA Compliance Manager indicates she is not allotted ample time to overseethe facility’s PREA compliance. The auditor was advised the facility recently received two additionalpositions to assist with PREA compliance; a PREA Administrator Officer and a PREA Lieutenant. Theauditor was advised these two staff play an instrumental role in the facility’s PREA compliance butbudget allowed for only one position and the Lieutenant was appointed first and the administratorwill be appointed during next budget cycle.During the onsite audit, the auditor was advised the agency sent the PREA Coordinator as well asother staff members to the Department of Justice Auditor Training. The auditor was advised this is anexample of the agency’s commitment to the Prison Rape Elimination Act.PREA Audit Report6

Standard 115.12 Contracting with other entities for the confinement of inmates Exceeds Standard (substantially exceeds requirement of standard) Meets Standard (substantial compliance; complies in all material ways with the standard for therelevant review period) Does Not Meet Standard (requires corrective action)Auditor discussion, including the evidence relied upon in making the compliance or non-compliancedetermination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussionmust also include corrective action recommendations where the facility does not meet standard. Theserecommendations must be included in the Final Report, accompanied by information on specificcorrective actions taken by the facility.DC-ADM008 PREA Procedures Manual Section 2 states the Department shall include in any newcontract or contract renewal for the housing of an inmate (on or after the effective date of thisprocedure) with a private entity or other entity, including other government agencies, the entity’sobligation to adopt and comply with the PREA Standards and the Department’s policies related toPREA compliance.The contracted entity will undergo regular, mandated audits on a three-year basis, as required by theNational PREA Standards.The Department shall provide for contract monitoring to ensure that the contract service provider iscomplying with the PREA Standards with any new contract or contract renewal.The auditor sampled three contracts for the confinement of inmates that the agency entered into orrenewed with private entities or other government agencies on or after August 20, 2012. Thecontracted facilities include: Lackawanna County, Columbia County, and York County. Theseagreements include specific language requiring the counties to agree to adopt and comply with allPREA regulations. These agreements also include the Department’s right to inspect the facility at anyreasonable time. The auditor was advised the facility currently has 57 total contracts (40 CFCs and 17CCJs).Through interviews with the PREA Coordinator, it was discovered when these contracts come up forrenewal, they will include language specific to PREA requirements.Interviews with the Agency Contract Administrator indicates facilities the agency contracts with forthe confinement of its inmates would be audited annually. In addition, monthly site visits would beconducted on the facility and investigations would be monitored to ensure compliance with thestandards.Standard 115.13 Supervision and monitoring Exceeds Standard (substantially exceeds requirement of standard) Meets Standard (substantial compliance; complies in all material ways with the standard for therelevant review period)PREA Audit Report7

Does Not Meet Standard (requires corrective action)Auditor discussion, including the evidence relied upon in making the compliance or non-compliancedetermination, the auditor’s analysis and reasoning, and the auditor’s conclusions. Th is discussionmust also include corrective action recommendations where the facility does not meet standard. Theserecommendations must be included in the Final Report, accompanied by information on specificcorrective actions taken by the facility.6.3.1, Facility Security Procedures Manual Section 15 outlines the agency’s staffing plan and thestaffing plan audit process.The PREA Coordinator/designee shall:a. serve as a liaison between Executive Staff and the facility PREA Compliance Manager;b. review all completed Corrections Officer Staffing Audits submitted by the Central Office StaffingAudit Team; andc. when necessary, meet with the Secretary, the EDS, the respective RDS, Facility Manager, and theCentral Office Security Division staff member who chaired the audit team to review the findings ofthe audit.The PREA Compliance Manager shall:a. have opportunity to provide input by documenting any concerns and/or suggestions they mayhave and submitting them to the Major-of-the-Guard for review prior to the audit being conducted.b. prior to the scheduled audit, management and the PREA Compliance Manager shall meet to discussCorrections Officer staffing issues and may prepare a joint plan for review by the Central OfficeStaffing Audit Team.c. at the conclusion of the audit process, the Central Office Staffing Audit Team shall meet with thePREA Compliance Manager, and discuss any concerns, questions, and/or suggestions of the PREACompliance Manager.DC-ADM008 PREA Procedures Manual Section 2 states one of the Statewide PREA Coordinator’s andPREA Compliance Manager’s duties include; working with each facility on an annual basis to assess,determine, and document whether adjustments are needed to: the staffing plan, deployment of thevideo monitoring systems and other monitoring technologies, and the resources the facility hasavailable to commit to ensure adherence to the staffing plan. The statewide PREA Coordinator willalso review any documentation for non-compliance with a staffing plan.The Department shall ensure that each facility develops, documents and makes its best efforts tocomply on a regular basis, but no less than once a year, with a staffing plan as found in Departmentpolicy 6.3.1, Section 15 that provides for adequate levels of staffing, and, where applicable, videomonitoring, to protect inmates against sexual abuse.In calculating adequate staffing levels and determining the need for video monitoring, facilities shalltake into consideration:1) Generally accepted detention and correctional practices;PREA Audit Report8

2) Any judicial findings of inadequacy;3) Any findings of inadequacy from Federal investigative agencies;4) Any findings of inadequacy from internal or external oversight bodies;5) All components of the facility’s physical plant (including “blind-spots” or areas where staff orinmates may be isolated);6) The composition of the inmate population;7) The number and placement of supervisory staff;8) Facility programs occurring on a particular shift;9) Any applicable State or local laws, regulations, or standards;10) The prevalence of substantiated and unsubstantiated incidents of sexual abuse; and11) Any other relevant factors.In circumstances of non-compliance with the staffing plan, the Facility Manager/designee shalldocument, in writing, and justify all deviations from the plan. This documentation will be forwardedto the Executive Deputy Secretary, Regional Deputy Secretary, and Central Office Security Major.Whenever necessary, but no less frequently than once a year, each facility shall assess, determine anddocument whether adjustments are needed to:1) The facility’s deployment of video monitoring systems and other monitoring technologies; and2) The resources the facility has available to commit to ensure adherence to the staffing plan.The annual reviews will be conducted in consultation with the PREA Compliance Manager at thatfacility and the statewide PREA Coordinator.There have not been any deviations from the staffing plan within the past 12 months.6.3.1, Facility Security Procedures Manual Section 15 states unannounced PREA complianceinspections shall be conducted and documented to identify and deter sexual abuse and sexualharassment. These inspections can be incorporated with Administrative/ManagerialVisits/Inspections, with the exception that they be documented separately. Staff shall conductunannounced rounds specific to PREA compliance measures no less than once per month and mustoccur on all shifts. These inspections shall be documented utilizing the PREA Administrative TourDocumentation Form.PREA inspections should occur in any and all areas of the facility where there could be a potential forinmates to become a victim of sexual abuse.PREA Audit Report9

Staff conducting PREA inspections shall pay particular attention to the staff and video monitoring ofthe facility to detect areas that may need enhancement to ensure the sexual safety of the facility.Staff conducting PREA inspections shall talk with staff and inquire about any perceived areas ofconcern related to PREA or relating to any problem inmates relating to PREA.Staff are prohibited from alerting other staff of the conduct of such rounds.During the pre-audit, the auditor viewed a sample of PREA Administrative Tour Forms that showintermediate and upper-level supervisors rounds are conducted consistently on all three shifts.During the onsite audit, the auditor viewed log books in various housing units as well as otherbuildings. Log books indicate intermediate and upper-level unannounced rounds are beingconducted regularly on all three shifts.Staff interviews indicate the facility has developed a staffing plan based on the requirements underPREA. The staffing plan is reviewed once every three years by the Central Office; however, it isreviewed by the facility annually. The PREA Coordinator is consulted regarding assessments and/oradjustments to the staffing plan. Interviews further indicate unannounced rounds are beingconducted by intermediate and higher-level facility staff on a regular basis. These rounds areoccurring on a frequent, but irregular, basis. Unannounced rounds are documented in the housingunit log book. Supervisors stress to staff they are prohibited from alerting other staff of theunannounced rounds being conducted. Failure to comply with this directive may result indisciplinary action.Standard 115.14 Youthful inmates Exceeds Standard (substantially exceeds requirement of standard) Meets Standard (substantial compliance; complies in all material ways with the standard for therelevant review period) Does Not Meet Standard (requires corrective action)Auditor discussion, including the evidence relied upon in making the compliance or non-compliancedetermination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussionmust also include corrective action recommendations where the facility does not meet standard. Theserecommendations must be included in the Final Report, accompanied by information on specificcorrective actions taken by the facility.XX Not ApplicableDC-ADM 008 PREA Procedures Manual Section 2 states a youthful inmate (under the age of 18) shallnot be placed in a housing unit in which the youthful inmate will have sight, sound, or physical contactwith any adult inmate through the use of a shared dayroom or other common space, shower area, orsleeping quarters.In areas outside of housing units, the facility shall either:1) Maintain sight and sound separation between youthful inmates and adult inmates; orPREA Audit Report10

2) Provide direct security staff supervision when youthful inmates and adult inmates have sight,sound, or physical contact.Upon initial reception to the Department, youthful inmates will enter into an expedited classificationprocess as outlined in Department policy 11.2.1, “Reception and Classification.”1) Male youthful inmates will be transferred to SCI Pine Grove within 24 hours of reception by theDepartment.2) Female youthful inmates, under the age of 18, will immediately be placed into the Youthful InmateUnit at SCI Muncy.Due to the extremely low number of female youthful inmates that the Department houses at any giventime, there are specific provisions that must be followed.1) Youthful inmates will have a separate housing unit, with sight and sound separation from adultinmates, where they are able to have a separate shower area, separate day room and separatesleeping quarters from adult inmates.2) Any time that the youthful inmate leaves the separate housing unit, they must be accompanied andsupervised directly by a staff member.3) The staff member is to ensure that there is no inappropriate contact, physical, or verbal, betweenthe youthful inmate(s) and an adult inmate.The Department shall make every effort to avoid placing youthful inmates in isolation to comply withthis provision. Absent exigent circumstances, the Department shall not deny youthful inmates dailylarge muscle exercise and any legally required special education services to comply with thisprovision. Youthful inmates shall have access to other programs and work opportunities to thegreatest extent possible.During the pre-audit, the auditor was advised SCI Forest does not house youthful offenders.Standard 115.15 Limits to cross-gender viewing and searches Exceeds Standard (substantially exceeds requirement of standard) Meets Standard (substantial compliance; complies in all material ways with the standard for therelevant review period) Does Not Meet Standard (requires corrective action)Auditor discussion, including the evidence relied upon in making the compliance or non-compliancedetermination, the auditor’s analysis and reasoning, and the auditor’s conclusions. This discussionmust also include corrective action recommendations where the facility does not meet standard. Theserecommendations must be included in the Final Report, accompanied by information on specificcorrective actions taken by the facility.DC-ADM 008 PREA Procedures Manual Section 2- Sexual Abuse/Sexual Harassment Prevention andPREA Audit Report11

Training states staff shall not conduct cross-gender strip searches, except in exigent circumstances, inaccordance with department policy 6.3.1, Section 30. All cross-gender strip searches shall bedocumented on the Cross-Gender Strip Search Validation Form. A copy of the Cross-Gender StripSearch Validation Form shall be maintained by the Security Office in an annual file for auditverification purposes. Non-medical staff are prohibited from performing visual body cavity searches.These searches shall only be conducted when performed by medical practitioners in accordance with6.3.1, Section 30.6.3.1 Facility Security Procedures Manual Section 30- Searches states female staff members maysearch female, male, transgender, or intersex inmates. Male staff members may search male,transgender, or intersex inmates housed at a male facility. Absent exigent circumstances, male staffmembers shall not search female, transgender, or intersex inmates housed at a female facility.SCI Forest does not house female inmates; therefore, PREA standards pertaining to searches of femaleinmates is not applicable.In the past 12 months, there have not been any cross-gender strip or cross-gender visual body cavitysearches of inmates.DC-ADM 008 PREA Procedures Manual Section 2- Sexual Abuse/Sexual Harassment Prevention andTraining states inmates shall be able to shower, perform bodily functions, and change clothingwithout nonmedical staff of the opposite gender viewing their breasts, buttocks, or genitalia, except inexigent circumstances or when such viewing is incidental to routine cell checks. This limitation notonly applies to in-person viewing, but also to all forms of remote viewing as well.DC-ADM 008 PREA Procedures Manual Section 2- Sexual Abuse/Sexual Harassment Prevention andTraining states staff of the opposite gender shall announce their presence when entering an inmatehousing unit in accordance with the following:1) When the status quo of the gender supervision on a housing unit changes from exclusively samegender, to mixed- or cross-gender supervision, the opposite gender staff is required to verballyannounce their arrival on the unit. The announcement is required for both custody and non-custodystaff, and may include, for example, a clinician or case worker who spends time on the unit, or seniorstaff making supervisory rounds.2) When an opposite gender staff member is entering a housing unit and it is unknown to him/herwhether any other opposite gender staff are present, the entering staff member will announce theirpresence; and3) This announcement may be made by the officer working the control desk via the intercom system;and4) This announcement may also be made via a specific tone system that is utilized only for thepurpose of announcing a member of the opposite gender entering the housing unit. Inmates will beeducated on the tone system utilization.DC-ADM 0008 PREA Procedures Manual Section 9- Working with Transgender/Intersex Inmatesstates the facility shall not search or physically examine a transgender/intersex inmate for the solepurpose of determining the inmate’s status. If the inmate’s genital status is unknown, it may bedetermined by conversations with the inmate, by reviewing medical records, or, if necessary, byPREA Audit Report12

learning that information as part of a broader medical examination conducted in private by a medicalpractitioner.During the pre-audit, the auditor was provided with a PowerPoint presentation of the facility’straining for offender searches. Absent exigent (important, vital, needful) circumstances, a female staffmember shall search a female offender and a male staff member shall search a male offender.Transgender or intersex offenders shall be searched by the gender staff member consistent with thegender of offenders housed at that facility.The auditor was provided with documentation showing 100% staff, excluding staff on long term sickleave, have received training on conducting cross-gender and transgender searches. The auditor wasadvised the remaining staff would receive training upon their return to work.Interviews with random staff indicate most staff were well aware of the prohibition of conductingstrip searches on transgender inmates for the sole purpose of determining their genital status.Interviews with both staff and inmates indicate when female staff enter the male housing units, anannouncement is made of their presence and male inmates are rarely naked in full view of the femalestaff (when this occurs it appears to be accidental and extremely rare). Inmate interviews indicatethis announcement has been occurring consistently for the last two to three years.Standard 115.16 Inmates with disabilities and inmates who are limited English proficient Exceeds S

PREA Audit Report 1 PREA AUDIT REPORT Interim Final ADULT PRISONS & JAILS Date of report: May 16, 2016 Auditor Information Auditor name: Edwin Vaught Address: P.O. Box 552 Richmond, TX 77406 Email: Edwin.vaught@att.net Telephone number: 832-451-7144 Date of facility visit: April 18-20 Facility Information

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